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Thompson v. Estate of Pannell8/15/2001
or UM coverage, plaintiff's vehicle was not covered under its self-insurance, because it was a non-owned vehicle. Finally, defendant argued that plaintiff's own UM coverage exceeded any UM benefits to which plaintiff might be entitled under defendant's self-insurance or its excess liability policy. Defendant also moved for summary judgment on plaintiff's implied contract claim on the grounds that plaintiff had failed to allege an essential term of the purported implied contract of insurance for school volunteers, namely, the amount of coverage; that the coverage extended only to accidental injuries that occurred "on site" of school district property; and that such coverage was limited to $5,000 in medical and dental expenses.
In opposition to defendant's motion for judgment on the pleadings as to her claim for declaratory relief, plaintiff contended that, as a self-insurer, defendant was required under ORS 806.130 to extend coverage to at least the limits specified in ORS 806.070 and that, consistent with ORS 742.502(2)(a)--providing that a motor vehicle bodily injury liability policy shall have the same limits for uninsured motorist coverage as for bodily injury liability coverage unless a lower limit is elected in writing--defendant's UM coverage limit was $1 million, the amount up to which it apparently was insured for bodily injury under its self-insurance. In opposition to defendant's motion for summary judgment on her implied contract claim, plaintiff asserted that there were issues of material fact as to whether the accident took place "on site," within the meaning of that phrase in the "Guidebook for Volunteers," and as to whether defendant's liability to school volunteers was limited to $5,000 or was, instead, a matter within defendant's discretion up to the limits of defendant's self-insurance and its excess liability insurance policy.
The trial court concluded that, under ORS 806.130, a self-insurer for motor vehicle liability was required to provide UM coverage only in the minimum amount stated in ORS 806.070, namely, $25,000, and that ORS 742.502 did not require a higher amount. Because plaintiff had already recovered an amount in excess of that amount under her own coverage, the court granted defendant's motion for judgment on the pleadings with respect to plaintiff's claim for declaratory relief. It also granted defendant's motion for summary judgment on plaintiff's implied contract claim, subject to entry of judgment in plaintiff's favor for $5,000 in damages.
On appeal, plaintiff first assigns error to the trial court's entry of judgment on the pleadings as to her claim for declaratory relief. She again asserts that, considered in the context of defendant's excess liability insurance policy--insuring defendant for amounts in excess of $1 million--defendant's self-insurance constitutes, in effect, an insurance "policy" providing bodily injury liability coverage of $1 million; that, under ORS 742.502, defendant's self-insurance must be deemed to provide UM coverage in that amount; and that she is entitled to benefits under that coverage. Defendant again asserts that, as a public body, it is not subject to the Financial Responsibility Law; that, as a self-insured entity, it is exempt from the Insurance Code; that plaintiff was not an "insured" and that her vehicle was not an "insured vehicle" for the purposes of either defendant's self-insurance or its excess liability policy; and that any UM coverage available to plaintiff under defendant's self-insurance was exceeded by her own UM coverage.
On review of the trial court's entry of judgment on the pleadings as to plaintiff's claim for declaratory relief, ORCP 21 B, we review the pertinent pleadings in the li
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